The Wisconsin Institute for Law & Liberty (WILL) has filed an appeal on behalf of Scarlett Johnson, a Wisconsin Moms for Liberty activist, who is being sued for defamation after criticizing her school district on social media for employing a “social justice coordinator.” WILL contends that Ms. Johnson’s posts are protected by the First Amendment and argues she should not have to face a costly and unnecessary jury trial.
“The case against Ms. Johnson should have been promptly dismissed. She was expressing her opinion, and the First Amendment gives her the right to do so. We hope the Court of Appeals allows her to appeal to avoid a misguided trial,” stated WILL Deputy Counsel Luke Berg.
Scarlett Johnson remarked, “We have a right to free speech in this country and no one should be treated differently under the law because of their political beliefs. I am hopeful that we can establish what is a clear protection of the 1st Amendment.”
The lawsuit centers around social media posts made on X and Facebook, where Ms. Johnson criticized her school district's employment of a “social justice coordinator” and used terms such as “woke,” “white savior[s] with a god complex,” “woke lunatics,” and “bullies.” Despite such language being common on social media, the plaintiff, who previously held the position criticized by Ms. Johnson, responded with a defamation lawsuit.
Legal precedent holds that for statements to be actionable as defamation, they must be "provably false," as established in Milkovich v. Lorain J. Co., 497 U.S. 1 (1990). Courts generally rule that subjective terms like “woke” and “bully” are not actionable because their meanings depend heavily on individual opinions.
WILL’s petition requests that the Court of Appeals permit an appeal now to prevent an inappropriate trial over speech protected by the First Amendment. The organization asks the court to affirm that such statements are not actionable as defamation under Wisconsin law.
WILL engages in litigation, education, and public discourse across various areas including Individual Liberties, Equality Under the Law, Constitutional Government and Rule of Law, Economic Freedom, and Education Reform. The organization reports success in approximately 80% of its cases.
For more information: will-law.org
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